Bill Text: NY S00339 | 2013-2014 | General Assembly | Introduced
Bill Title: Increases the penalties for persons leaving the scene of a boating accident.
Spectrum: Moderate Partisan Bill (Republican 4-1)
Status: (Engrossed - Dead) 2014-05-12 - referred to transportation [S00339 Detail]
Download: New_York-2013-S00339-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
339
2013-2014 Regular Sessions
I N S E N A T E
(PREFILED)
January 9, 2013
___________
Introduced by Sen. DeFRANCISCO -- read twice and ordered printed, and
when printed to be committed to the Committee on Cultural Affairs,
Tourism, Parks and Recreation
AN ACT to amend the navigation law, in relation to increasing the penal-
ties for persons leaving the scene of a boating accident without
making a report
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Paragraph (b) of subdivision 2 of section 47 of the naviga-
2 tion law, as amended by chapter 297 of the laws of 2009, is amended to
3 read as follows:
4 (b) The first violation of the provisions of paragraph (a) of this
5 subdivision involving personal injury to another person resulting solely
6 from the failure of a vessel operator to provide the name and address of
7 the vessel owner and/or the identification number of the vessel shall
8 constitute a class [B] A misdemeanor punishable by a fine of not less
9 than two hundred fifty nor more than five hundred dollars in addition to
10 any other penalties provided by law. Any subsequent such violation after
11 a conviction for such violation within the preceding five years shall
12 constitute a class [A misdemeanor] E FELONY punishable by a fine of not
13 less than five hundred nor more than one thousand dollars in addition to
14 any other penalties provided by law. Any violation of the provisions of
15 paragraph (a) of this subdivision, other than the mere failure of a
16 vessel operator to provide the name and address of the vessel owner
17 and/or the identification number of the vessel, shall constitute a class
18 [A misdemeanor] E FELONY, punishable by a fine of not less than five
19 hundred nor more than one thousand dollars in addition to any other
20 penalties provided by law. Any such violation committed by a person
21 after such person has previously been convicted of such a violation
22 shall constitute a class [E] D felony, punishable by a fine of not less
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01502-01-3
S. 339 2
1 than one thousand nor more than two thousand five hundred dollars in
2 addition to any other penalties provided by law. Any violation of the
3 provisions of paragraph (a) of this subdivision, other than the mere
4 failure of a vessel operator to provide the name and address of the
5 vessel owner and/or the identification number of the vessel where the
6 personal injury involved (i) results in serious physical injury, as
7 defined in section 10.00 of the penal law, or where a person has disap-
8 peared under the water as the result of the incident shall constitute a
9 class [E] D felony or (ii) results in death shall constitute a class [D]
10 C felony.
11 S 2. Subdivision 2 of section 73-c of the navigation law, as amended
12 by chapter 320 of the laws of 2007, is amended to read as follows:
13 2. Every person convicted of a violation for a violation of any of the
14 provisions of this article or of any ordinance, order, rule or regu-
15 lation adopted pursuant to this article for which another penalty is not
16 provided shall for a first conviction thereof [be punished] CONSTITUTE A
17 CLASS B MISDEMEANOR PUNISHABLE by a fine of not less than one hundred
18 nor more than two hundred fifty dollars [or by imprisonment for not more
19 than seven days or by both such fine and imprisonment] IN ADDITION TO
20 ANY OTHER PENALTIES PROVIDED BY LAW; for a conviction of a second
21 violation, both of which were committed within a period of twenty-four
22 months, such [person shall be punished] CONVICTION SHALL CONSTITUTE A
23 CLASS A MISDEMEANOR PUNISHABLE by a fine of not less than two hundred
24 fifty nor more than five hundred dollars [or by imprisonment of not more
25 than fifteen days or by both such fine and imprisonment] IN ADDITION TO
26 ANY OTHER PENALTIES PROVIDED BY LAW; upon a conviction for a third or
27 subsequent violation, all of which were committed within a period of
28 twenty-four months, such [person] CONVICTION shall [be punished] CONSTI-
29 TUTE A CLASS E FELONY PUNISHABLE by a fine of not less than five hundred
30 nor more than one thousand dollars [or by imprisonment for not more than
31 thirty days or by both such fine and imprisonment] IN ADDITION TO ANY
32 OTHER PENALTIES PROVIDED BY LAW.
33 S 3. Section 47-b of the navigation law, as added by chapter 587 of
34 the laws of 2003, is amended to read as follows:
35 S 47-b. Report to the commissioner required upon accident. Every
36 person operating a vessel, including, but not limited to, rowboats and
37 canoes, upon the navigable waters of the state, or on any other waters
38 within the boundaries of the state, which is in any manner involved in
39 an accident, in which any person is killed, injured or disappears under
40 the water, or in which damage to the property of any one person, includ-
41 ing himself or herself, in excess of one thousand dollars is sustained
42 shall, within five days after such accident, report the matter in writ-
43 ing to the commissioner. If the owner is not involved in such accident
44 or is incapacitated, the owner shall, within five days after learning of
45 the facts of such accident, report the matter to the commissioner
46 together with such information as may have come to the owner's knowledge
47 relating to such accident. Every such operator of a vessel, or surviving
48 participant in any such accident, or the owner of the vessel involved in
49 any such accident, shall make such other and additional reports as the
50 commissioner may require. A violation of this section shall constitute a
51 [violation] CLASS A MISDEMEANOR punishable by a fine of not less than
52 twenty-five nor more than one hundred dollars. Nothing contained in this
53 section shall be deemed to supersede the provisions of section forty-
54 seven of this article.
55 S 4. This act shall take effect on the first of November next succeed-
56 ing the date on which it shall have become a law.
